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(영문) 서울동부지방법원 2012.11.30 2012노1267
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. The error of judgment is divided and reflected in depth, most of the damage caused by the larceny was returned, and the total amount of damage caused by each fraud is not higher than the amount, etc. However, considering the following factors: (a) the nature of the crime of this case using the stolen credit card is not good; (b) the crime of this case was committed after being sentenced ten months to imprisonment with prison labor for the crime committed during the period of a repeated offense; (c) the crime of this case was committed without being aware of about two weeks; and (d) the crime of larceny and so-called intangible crime was committed repeatedly in addition to the above repeated offense, and there was a history of punishment more than 30 times; and (d) the crime of larceny and so-called intangible crime committed by the crime of larceny was committed in consideration of all the circumstances indicated in the pleadings of this case, such as the defendant's age, character and behavior, character and environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the sentence imposed by the court below is too inappropriate.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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